Regular opinion pieces on issues of interest to public sector lawyers from PLC Public Sector and leading commentators.

Archive for August, 2009

Recommended actions for email for week ending 26 August 2009

Friday, August 28th, 2009

PLC Public Sector reports:

Review this week’s recommended actions to make sure that a key development hasn’t passed you by.

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FOIA: publish and be damned (or lose your professional privilege)

Wednesday, August 26th, 2009

PLC Public Sector reports:

The concept of legal professional privilege and the dangers of the partial disclosure of information waiving it are well known in the context of civil litigation. 

However, a recent decision of the Scottish Information Commissioner (SIC) highlights another reason why public authorities need to consider the risks of using excerpts from what would be privileged advice in press releases to support action they are taking. If they do, the exemption from disclosure for the whole of the advice under FOIA may be lost.

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Recommended actions for e-mail for week ending 19 August 2009

Friday, August 21st, 2009

PLC Public Sector reports:

This week’s actions include items relevant for those advising on FOIA, data protection, procurement, special educational needs and civil litigation.

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Procurement pay-offs - the unavoidable outcome of the Government’s refusal to meet tender costs?

Wednesday, August 19th, 2009

PLC Public Sector reports:

There has been a great deal of doom-laden discussion about the new remedies directive which is due to come into force at the end of 2009.  This is understandable as the directive may have a significant impact on public procurement in the UK by removing the sanctity of contract.  However, practitioners should be aware that public procurement case law in the UK has been developing rapidly over the last few years without the need for any actual assistance from Europe. Two recent stories in particular caution against assuming that the courts are waiting for the directive to come into force before getting tough in respect of flawed procurement processes or that remedies are something to worry about in 2010.

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Recommended actions for e-mail for week ending 12 August 2009

Tuesday, August 18th, 2009

PLC Public Sector reports:

This week’s list includes actions in respect of FOIA, procurement law, special educational needs and the operation of civic amenity sites to name just a few.

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PFI under parliamentary scrutiny

Monday, August 10th, 2009

PLC Public Sector reports:

The House of Lords Economic Affairs Committee recently announced that it would be conducting an inquiry on the private finance initiative (PFI) and off-balance sheet debt.  The Committee has published a list of questions that it hopes the Inquiry will answer and asked for evidence to be submitted by 25 September 2009.

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Recommended actions for e-mail for week ending 5 August 2009

Monday, August 10th, 2009

PLC Public Sector reports:

Make sure you haven’t missed a key development by reviewing our recommended actions arising from last week’s email.

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Is the ICO to be given further data protection powers?

Wednesday, August 5th, 2009

PLC Public Sector reports:

Recent reports suggest that the Information Commissioner’s Office (ICO) has stated that the wider powers to fine those who knowingly or recklessly abuse the data protection principles will come into force in April 2010. 

If true (nothing is mentioned on the ICO’s website), this is interesting for two reasons. (more…)

Should the public sector join the twittering classes?

Wednesday, August 5th, 2009

PLC Public Sector reports:

Important communications tool, a dangerous opportunity for employees to bring authorities into disrepute or simply a drain on employee productivity.  Two recent developments show that the public sector has yet to reach a consensus on which of these categories Twitter falls into.  

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